Merywethers v. Youmans
Merywethers v. Youmans
Opinion of the Court
The opinion of the court was delivered by
In an action brought by Richard Merywethers in the city court of Wichita against J. F. Youmans he alleged that he had been employed by You-
There is a contention here that the court was without jurisdiction to try and decide the case for the reason that under the averments of the bill of particulars the amount in controversy was more than $800, while the jurisdiction of the city court in such cases is limited to $600, and, further, that the appeal gave the district court no other or greater jurisdiction than was possessed' by the city court. Under the act creating the city court of Wichita it is given j urisdiction in cases for the recovery of money only where “the amount claimed does not exceed $600.” (Laws 1899, ch. 130, §2.) The jurisdiction, as will be observed, is fixed by the amount claimed, and not by the amount of indebtedness. No more than $600 was claimed by Merywethers in either the body or prayer of his bill of particulars. It was the privilege of Merywethers to abandon a part of the debt, and when he limited his demand or claim to $600 he necessarily remitted or forgave so much of the debt as exceeded that sum. (Wooster v. McKinley, 1 Kan. 317; Wagstaff v. Challiss, 31 Kan. 212; Ball v. Biggam, 43 Kan. 327; Parker v. Dobson, 78 Kan. 62.)
There was no error in admitting testimony showing the value of Merywethers’s services. He pleaded an
The last complaint is of the admission in evidence of certain books and leaves containing accounts showing payments made by Youmans. These entries were made at the instance of Merywethers and upon reports or statements made by him. He was unable to read or write, and about the time of the payments he caused entries to be made by other persons in the book which he carried. The plan was for him to dictate the credits to his companions, who put them in a book and who in turn repeated or read the entries so made to Merywethers. The book and leaves containing these accounts were confirmed and verified by the testimony of the persons who made the entries, as well as by the testimony of Merywethers that the credits were correctly reported. These may be properly regarded as original entries, and when duly verified by the oaths of the persons making them were admissible in evidence. (The State v. Stephenson, 69 Kan. 405.)
The judgment of the district court is affirmed.
Reference
- Full Case Name
- Richard Merywethers v. J. F. Youmans
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- 7 cases
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- Syllabus
- SYLLABUS BY THE COURT. 1. Jurisdiction — City Court of Wichita — Action for Recovery of Money Only. In actions for the recovery of money only the jurisdiction of the city court of Wichita is fixed by the amount claimed and not by the amount of indebtedness. 2. -Limiting Claim to Jurisdictional. Amount — Abandonment of Remainder. It is the privilege of a creditor to abandon or remit a part of his debt and thus bring it within the jurisdiction of the court, and when he limits his claim to an amount within the jurisdiction of the court he necessarily forgives so much of the debt as exceeds that amount. 3. Contracts — Express and Implied — Joinder of Causes of Action. It is competent for the plaintiff to set up an express contract to pay specified wages for work done and also that the work was reasonably worth the amount claimed. 4. Evidence — Original Entries in Books of Account — Entries Made for One Unable to Read or Write. Entries in'the account book of the plaintiff, who could not read or write, made by another upon the plaintiff’s dictation about the time the transactions entered were had, may Be received in evidence when verified by the testimony of the persons making the entries and of the plaintiff that the items entered were correctly reported by him.